Florida Statute 893.13(6)(b) addresses the possession of marijuana in amounts less than 20 grams. While many states have moved toward decriminalizing or legalizing small amounts of marijuana for personal use, Florida continues to treat possession of marijuana under 20 grams as a criminal offense. Understanding the legal implications of this statute is essential for anyone facing a marijuana-related charge in the state.
What Does the Statute Say?
Florida Statute 893.13(6)(b) makes it unlawful for a person to be in actual or constructive possession of 20 grams or less of marijuana (excluding the weight of any packaging). Importantly, this applies to marijuana in its plant form—resinous extracts, such as hash or oils, are treated more severely under different provisions. A violation of this statute is classified as a first-degree misdemeanor.
To convict someone under this law, the prosecution must prove that:
- The individual knowingly had possession (actual or constructive) of marijuana.
- The amount possessed was 20 grams or less.
- The substance was properly identified and tested as marijuana.
Possible Consequences
Despite being considered a relatively low-level offense, possession of less than 20 grams of marijuana still carries serious penalties in Florida. A conviction for this first-degree misdemeanor can result in:
- Up to one year in jail
- Up to one year of probation
- A fine of up to $1,000
- Driver’s license suspension for up to one year (mandatory under Florida law for any drug offense)
Additionally, a drug conviction—even for a small amount of marijuana—can lead to a permanent criminal record, which may affect employment opportunities, housing applications, professional licensing, and access to financial aid for education.
In some jurisdictions within Florida, local ordinances may offer civil citations or diversion programs in lieu of arrest, particularly for first-time offenders. However, these alternatives are not guaranteed, and the state-level law remains enforceable statewide.
Why You Should Hire a Criminal Defense Attorney
Being charged under Florida Statute 893.13(6)(b) is not something to take lightly. While it may seem like a minor offense, the consequences can have long-term effects on your personal and professional life. Hiring an experienced criminal defense attorney is critical for several reasons:
- Case Evaluation: A lawyer can review the circumstances of your arrest to determine whether your constitutional rights were violated (e.g., illegal search and seizure).
- Possibility of Dismissal or Reduction: An attorney may be able to get the charge dismissed or reduced, especially if the evidence is weak or improperly obtained.
- Diversion Programs: A lawyer can help negotiate entry into a pretrial diversion program that could result in dismissal of the charge upon successful completion.
- Protecting Your Record: Avoiding a conviction can help you keep a clean record, preserving your future opportunities.
In summary, while possession of less than 20 grams of marijuana might seem like a minor offense, the consequences under Florida law are very real. If you’re facing a charge under Florida Statute 893.13(6)(b), consult with a qualified defense attorney immediately to protect your rights and explore your legal options.
If you or someone you know is facing a marijuana possession charge in Florida, don’t wait to seek legal help. Showalter Law is here to provide an aggressive trial-oriented defense and the highest level of representation.
Contact us for a free consultation.